Government plans to book human rights defender Mama Qadeer in high treason case

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International Human Rights Council
Urgent Action Case -010 -2018
Date: 5 October 2018

ISSUES: Human rights defenders, enforced disappearances, extra judicial killings, torture, coercion, intimidation and no rule of law

The International Human Rights Council-Hong Kong (IHRC-HK) received information that the prominent human rights defender, Mama Qadeer, is being harassed by the state after attending the 116 session of the UN Working Group on Enforced or Involuntary Disappearances (UN WGEID) held in Geneva, Switzerland. An application to book him in high treason case was filed at the Bijli Ghar police station, Quetta, capital of Baluchistan province. A strong campaign against Mama Qadeer and his comrades on the social media was started by the groups, which are known to be associated with intelligence agencies, to damage the country wide movement against the enforced disappearances, torture and extra judicial killings.

 

DETAILS OF THE CASE

As Mr. Mama Qadeer, a well-known human rights defender and vice chairman of Voice of Baluchistan Missing Persons (VBMP), arrived at Quetta, Baluchistan, after attending the 39th session of UN human rights council, an application from Mr. Khuda e Dost of Pakistan Workers Party (Nazaryati) who is stated to be covertly working for the intelligence agency. In the application it was prayed that a case of high treason be registered against Mama as he had allegedly asked help from Indian prime minister, Mr. Modi, to wage war against Pakistan. The application further says Mama also visited other countries and spread propaganda against the country.

Mama Qadeer is well known human rights activist, his elder son, Jalil Raky, was disappeared and after one year his mutilated body was found. He led a long march of 2800 kilometer on foot from Quetta to Islamabad. The long march has is unprecedented in the history of the country where children and women participated and travelled the long and arduous journey to raise their voice against the disappearances of their loved ones. The march began in September 2013 and ended in March 2014, spanning over 104 days.
The application for filing case of high treason against Mama is still pending before the police but Mr. Mama says that a first information report (FIR) has been filed and he was charged under article 6 of constitution. The Article 6 states;

Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason. 2, Any person aiding or abetting [or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason. 2 A, an act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.
3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

According to Article 6, these charges can be framed against those who abrogate the constitution or keeping it in abeyance. But Mama Qadeer is an ordinary citizen who is fighting for the safe recovery of disappeared persons. Therefore, he could be booked under high treason. Nominating Mama Qadeer in high treason case are tactics by the state and establishment to harass the human right defender and to create hurdles for him, such coercive methods are used to stop him from raising the voice against the enforced disappearances, torture and extra judicial killings. The enforced disappearances have reached in thousands but judiciary failed to address the issue, Mr. Mama Qadeer is the only hope for the families of missing persons.
SUGGESTED ACTION:
Please write letters to the following authorities calling them to stop harassing and Mr. Mama Qadeer, leader of Voice of Baloch Missing Persons (VBMP). Please urge them to urge to stop coercive methods against him and withdraw the application of accusing him of committing high treason. Instead, government must release all the persons who were disappeared after their arrest by the law enforcement agencies.
The IHRC is also writing separately to the UN Working Group on Enforced or Involuntary Disappeared Persons (UNWGEID).

SAMPLE LETTER:

NAME OF THE VICTIM:
Mr. Mama Qadeer, resident of Saryab Road, Quetta, Balochistan


NAME OF THE PERPETRATOR:
State agencies

PAKISTAN: Government plans to book human rights defender Mama Qadeer in high treason case
I am deeply concerned about receiving the information that the prominent human rights defender, Mama Qadeer, is being harassed by the state after attending the 116 session of the UN Working Group on Enforced or Involuntary Disappearances (UN WGEID) held in Geneva, Switzerland. An application to book him in high treason case was filed in The Bijli Ghar police station, Quetta, capital of Baluchistan province. A strong campaign against Mama Qadeer and his comrades on the social media was started by the groups, which are known to be associated with intelligence agencies, to damage the country wide movement against the enforced disappearances, torture and extra judicial killings.

I am appalled to know that as Mr. Mama Qadeer, a well-known human rights defender and vice chairman of Voice of Baluchistan Missing Persons (VBMP), arrived at Quetta, Baluchistan, after attending the 39th session of UN human rights council, an application from , Mr. Khuda e Dost of Pakistan Workers Party (Nazaryati) who is stated to be covertly working for the intelligence agency. In the application it was prayed that a case of high treason be registered against Mama as he had allegedly asked help from Indian prime minister, Mr. Modi, to wage war against Pakistan. The application further says Mama also visited other countries and spread propaganda against the country.

Mama Qadeer is well known human rights activist, his elder son, Jalil Raky, was disappeared and after one year his mutilated body was found. He led a long march of 2800 kilometer on foot from Quetta to Islamabad. The long march has is unprecedented in the history of the country where children and women participated and travelled the long and arduous journey to raise their voice against the disappearances of their loved ones. The march began in September 2013 and ended in March 2014, spanning over 104 days.
The application for filing case of high treason against Mama is still pending before the police but Mr. Mama says that a first information report (FIR) has been filed and he was charged under article 6 of constitution. The Article 6 states;

Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason. 2, Any person aiding or abetting [or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason. 2 A, an act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.
3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

According to Article 6, these charges can be framed against those who abrogate the constitution or keeping it in abeyance. But Mama Qadeer is an ordinary citizen who is fighting for the safe recovery of disappeared persons. Therefore, he could be booked under high treason. Nominating Mama Qadeer in high treason case are tactics by the state and establishment to harass the human right defender and to create hurdles for him, such coercive methods are used to stop him from raising the voice against the enforced disappearances, torture and extra judicial killings. The enforced disappearances have reached in thousands but judiciary failed to address the issue, Mr. Mama Qadeer is the only hope for the families of missing persons.
I, therefore, urge you to stop harassing and Mr. Mama Qadeer, leader of Voice of Baloch Missing Persons (VBMP). I also appeal you to stop coercive methods against him and withdraw the application of accusing him of committing high treason. Instead, government must release all the persons who were disappeared after their arrest by the law enforcement agencies.
The IHRC is also writing separately to the UN Working Group on Enforced or Involuntary Disappeared Persons (UNWGEID).

Please send the Appeals to following addresses
1.Mr. Imran Khan
Prime Minister of Pakistan
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Telephone: +92 51 920 6111,
E-mail: secretary@cabinet.gov.pk, pspm@pmsectt.gov.pk

2. Mr. Jam Kamal Khan
Chief minister of Balochistan
Chief Minister Secretariat Balochistan, Qetta
Phone number: 92 81 9202161-2069
Fax number 92 81 9201746
Email: cm@balochistan.gov.pk, ps.cm@balochistan.gov.pk

3. Federal Minister for Interior
Ministry of Interior of Pakistan
R Block, Pak Secretariat
Islamabad
PAKISTAN
Telephone: +92 51 9212026
Fax: +92 51 9202624
Email: interior.complaintcell@gmail.com, ministry.interior@gmail.com

4. Ms. Shireen Mazari
Federal Minister for Human Rights
Ministry of Human Rights
State Life Building No. 5, Blue Area,
Jinnah Avenue, China Chowk, Islamabad
Fax: +92 51 9204108
Email: contact@molaw.gov.pk

Thank you

JAM KAMA KHAN
Chief minister of Baluchistan
CHIEF MINISTER SECRETARIAT BALOCHISTAN
phone 9202161-2069
fax 9201746
emailpscm@balochistan.gov.pk



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